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NDA Between Two Companies for Hong Kong

NDA Between Two Companies Template for Hong Kong

A bilateral Non-Disclosure Agreement (NDA) governed by Hong Kong law, designed for use between two companies engaging in business discussions or negotiations. This agreement provides a robust framework for protecting confidential information exchanged between the parties, incorporating Hong Kong's common law principles and statutory requirements. The document includes comprehensive confidentiality obligations, permitted disclosure provisions, and enforcement mechanisms specific to the Hong Kong legal system, while maintaining flexibility to accommodate various business contexts and industry-specific requirements.

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NDA Between Two Companies

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What is a NDA Between Two Companies?

This NDA Between Two Companies is essential for businesses operating in Hong Kong that need to protect confidential information during business discussions, negotiations, or collaborative ventures. The document is structured to comply with Hong Kong's legal framework, which combines common law principles with local statutory requirements. It's particularly relevant when companies are exploring potential partnerships, mergers, acquisitions, joint ventures, or other commercial relationships where sensitive information needs to be shared. The agreement includes provisions for defining confidential information, establishing security protocols, outlining permitted uses, and specifying remedies for breach, all within the context of Hong Kong's business and legal environment. This template is designed to be adaptable across various industries while maintaining strong enforceability under Hong Kong law.

What sections should be included in a NDA Between Two Companies?

1. Parties: Identification of the two companies entering into the NDA, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, purpose of sharing confidential information, and nature of the potential business relationship

3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose', and other relevant terms

4. Confidentiality Obligations: Core obligations regarding the protection, non-disclosure, and restricted use of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, and when required by law

6. Security Measures: Required protocols and measures for protecting confidential information

7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request

8. Duration and Termination: Term of the agreement and survival of obligations post-termination

9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, entire agreement, and amendments

What sections are optional to include in a NDA Between Two Companies?

1. Non-Solicitation: Restrictions on soliciting employees or customers, included when parties want additional business protection

2. Data Privacy Compliance: Specific obligations regarding personal data under Hong Kong's PDPO, needed when confidential information includes personal data

3. Intellectual Property Rights: Clarification of IP ownership and rights, included when confidential information includes IP

4. Export Control: Compliance with export control laws, needed for international businesses or sensitive technologies

5. Force Majeure: Provisions for extraordinary events, included for longer-term NDAs or in specific industries

6. Insurance Requirements: Obligations to maintain insurance coverage, relevant for high-value or high-risk information

7. Reverse Engineering Prohibition: Specific prohibition on reverse engineering, important for technical or product-related information

What schedules should be included in a NDA Between Two Companies?

1. Schedule 1 - Description of Confidential Information: Detailed categorization and description of the confidential information covered

2. Schedule 2 - Authorized Representatives: List of authorized representatives from each party who may access confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols required for handling confidential information

4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for representatives or third parties who need access

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions



























Clauses

























Relevant Industries

Technology

Financial Services

Manufacturing

Professional Services

Healthcare

Real Estate

Retail

Telecommunications

Biotechnology

Energy

Construction

Media and Entertainment

Education

Logistics

Consulting

Relevant Teams

Legal

Compliance

Executive Leadership

Business Development

Corporate Development

Research and Development

Finance

Operations

Information Technology

Innovation

Strategy

Risk Management

Corporate Secretariat

Mergers and Acquisitions

Information Security

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Director

Commercial Director

Business Development Manager

Chief Financial Officer

Compliance Officer

Corporate Secretary

Operations Director

Project Manager

Research Director

Chief Technology Officer

Innovation Manager

Strategic Partnership Manager

Investment Director

Risk Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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